SEC. 338. When an action shall be brought by the at- Relator when rney general by virtue of this chapter, on the relation to be joined as information of a person having an interest in the quesplaintiff. on, the name of such person shall be joined with the

sate as plaintiff.

SEC. 339. Whenever such action shall be brought Complaint and gainst a person for usurping an office, the attorney gen- arrest of de al or person complaining, in addition to the statement fendant in action for usurpthe cause of action, may also set forth in the complaint ing an office. e name of the person rightfully entitled to the office, ith a statement of his right thereto, and in such case, pon proof by affidavit, that the defendant has received es or emoluments belonging to the office, and by means fhis usurpation thereof, an order may be granted by a idge of the circuit court, for the arrest of such dendant, and holding him to bail, and therenpon he shall e arrested and held to bail, in the manner and with the me effect, and subject to the same rights and liabilities in other civil actions, when the defendant is subject to rest.

SEC. 340. In every such case judgment shall be render- Judgment in upon the right of the defendant, and also upon the such actions. ght of the party so alleged to be entitled, or only upon

e right of the defendant, as justice shall require.

relator when

SEC. 341. If the judgment be rendered upon the rights of Assumption of e person so alleged to be entitled, and the same be in office, &c., by vor of such person, he shall be entitled, after taking the' judgment in ath of office and executing such official bond as may be his favor. quired by law, to take upon himself the execution of e office, and it shall be his duty immediately thereafter, demand of the defendant in the action, all the books. ad papers, in his custody, or within his power, belonging the office from which he shall have been excluded. SEC. 342. If the defendant shall refuse or neglect to Proceedings.. eliver over such books or papers pursuant to the demand, against defene shall be guilty of a misdemeanor, and the same pro ing to deliver edings shall be had, and with the same effect, to com- books and el delivery of such books and papers, as are provided papers.

law.

dant on refus

SEC. 343. If judgment be rendered upon the right of Damages, how e person so alleged to be entitled, in favor of such per recovered. n, he may recover, by action, the damages which he ould have sustained by reason of the usurpation by the fendant of the office from which such defendant has Jen excluded.

When actions SEO. 344. When several persons claim to be entitled to against several the same office, or franchise, one action may be brought persons claiming office or against all such persons, in order to try their respective rights to such office or franchise,

franchise.

how awarded.

SEC. 345. When a defendant, whether a natural person Penalty for usurping office or a corporation, against whom such action shall have or franchise, been brought, shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise or privilege, judgment shall be rendered that such defendant be excluded from such office, fran chise or privilege, and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, fine such defendant a sum not exceeding two thousand dollars, which fine, when collected, shall be paid into the treasury of the state.

Judgment of forfeiture

rations.

SEC. 346. If it shall be adjudged that a corporation against which an action shall have been brought puragainst corpo- suant to this chapter, has, by neglect, abuse or surrender, forfeited its corporate rights, privileges and franchises, judgment shall be rendered, that the corporation be excluded from such corporate rights, privileges and franchises, and that the corporation be dissolved.

Costs against corporations

or persors

SEO. 347. If judgment be recovered in such action against a corporation, or against persons claiming to be a claiming to be corporation, the court may cause the costs therein to be collected, by execution against the persons claiming to be a corporation, or by attachment or process against the directors, or other officers of such corporation.

such, how collected.

Restraining

SEC. 348. When such judgment shall be rendered corporations against a corporation, the court shall have the same power to restrain the corporation, to appoint a receiver of its property, and to take an account, and make distribution thereof among its creditors, as are given by law.

and appointment of a receiver.

Copy of judg- SEO. 349. Upon the rendition of such judgment against ment roll a corporation, or for vacating or annulling of letters paagainst corporations, when tent, it shall be the duty of the attorney general to cause to be filed. a copy of the judgment roll to be forthwith filed in the office of the secretary of state.

Actions for

SEO. 350. Whenever by the provisions of law, any proproperty to the Perty, real or personal, shall be forfeited to the people of

forfeiture of

people.

this state, or to any officer for their use, an action for the recovery of such property, alleging the grounds of the forfeiture, may be brought by the proper officer in the circuit court.

utes.

SEO. 351. The provisions of the revised statutes relat- Provisions of ing to the partition of lands, tenements and hereditaments, revised statheld or possessed by joint tenants in common, shall apply to actions for such partition, brought under this act, 80 Application to far as the same can be applied to the substance and sub- tition. ject matter of the action without regard to its forms.

actions of par

to real proper◄

SEO. 352. Proceedings to compel the determination of Action to declaims to real property pursuant to the provisions of the termine claims revised statutes may be prosecuted by action under this ty, how pros act without regard to the forms of the proceedings as they ecuted. are prescribed by those statutes.

SEO. 353. The general provisions of the revised statutes Provisions of relating to actions concerning real property, shall apply revised statto actions brought under this act according to the subject to actions conutes applicable matter of the action and without regard to its forms.

cerning real

SEO. 354. Wherever a right now exists to have a review property brought under of a judgment rendered, or order or decree made before this act the tenth day of December, eighteen hundred and fifty- Manner of resix, such review may be had upon an appeal taken in the viewing judg manner provided by this act. But this section shall not ment in exist extend the right of review to any case or question to which ing cases. it does not now extend, nor the time of appealing, nor shall it apply to a case where a writ of error has been already issued.

heretofore ren

SEO. 355. An execution may be issued without leave of Execution on the court upon a judgment docketed before the tenth day judgment of December, eighteen hundred and fifty-six, or now or dered. hereafter to be rendered in any action pending on that day, at any time within two years after the rendering of the judgment.

this act appli

SEO. 356. The provisions of this act apply to future Provisions of proceedings in actions or suits heretofore commenced and now pending as follows:

pro

cable to ceedings in

1. If there have been no pleading therein, to the plead- actions. ings and all subsequent proceedings.

2. When there is an issue of law or of fact or any other issue of fact to be tried, to the trial and subsequent proceedings.

3. After a judgment or order to the proceedings to enforce, vacate, modify or reverse it, including the costs of an appeal.

SEO. 357. The words "real property," as used in this Definition of act, are co-extensive, with lands, tenements and heredita- real property. ments.

Definition of

SEO. 358. The words "personal property," as used in this

personal prop- act, include money, goods, chattels, things in action, and evidences of debt.

arty.

Definition of.

property.

SEO. 359. The word "property," as used in this act, includes property real and personal.

Definition of a SEC. 360. The word "circuit," as used in this act, signifies judicial circuit, except when otherwise specified.

circuit.

Common law rule of con

struction of

statnte inap plicable to this

act.

Statutory provision incon

sistent with this act repealed.

Rules and

practices in

consistent

with this act

abrogated.

Judges of su

a

SEC. 361. The rule of common law, that statutes in derogation of that law are to be strictly construed, has no application to this act.

SEC. 362. All statutory provisions inconsistent with this act are repealed; but this repeal shall not revive a statute or law which may have been repealed or abolished by the provisions hereby repealed. All the rights of action given or secured by existing laws, may be prosecuted in the manner provided by this act. If a case shall arise in which an action for the enforcement or protection of a right, or the redress or prevention of a wrong, cannot be had under this act, the court where such action arises, shall provide a remedy which shall conform as near as may be to this act.

SEC. 363. The present rules and practice of the courts in civil actions inconsistent with this act are abrogated; but where consistent with this act, they shall continue in force, subject to the power of the respective courts to relax, or modify, or alter the same.

SEC. 364. The judges of the supreme court shall meet preme court to in the capitol, at the city of Madison, on the second Wedmake general rules, and until nesday in December eighteen hundred and fifty-six, and then the rules revise their general rules, and the rules of the circuit of courts of courts, and make such amendments thereto as may be New York to necessary to carry into effect the code of proceedings; and till such revision, the rules of the court of appeals and supreme court of New York, adopted since eighteen hundred and forty-eight, shall, as far as applicable, be the rules of practice in the courts of record in this state.

be rules of practice.

This act not to

affect certain proceedings

and statutory prosions.

SEC. 365. Until the legislature shall otherwise provide, this act shall not affect proceedings upon mandamus, or prohibition nor appeals from probate courts, nor any spe: cial statutory remedy not heretofore obtained by action, nor any existing statutory provisions, relating to actions, not inconsistent with this act, and in substance applicable to the actions hereby provided; nor any special proceed

ings provided for by the revised statutes, except that when in consequence of any such proceeding, a civil action shall be brought, such action shall be conducted in conformity with this act.

of revised and

SEC. 366. Chapter one hundred twelve and one hundred Certain parts ninteen of the revised statutes, except sections six, seven, other statutes eight, nine, ten, eleven, twenty-five and twenty-six, of repealed. the first named chapter, and chapter eighty-nine of the session laws of eighteen hundred fifty one are hereby repealed, except as the provisions of said chapter are allowed by this act to apply to suits under this code.

SEC. 367. The secretary of state shall, forthwith, after How this act the passage of this act, cause six thousand copies thereof to be printed. to be printed in a separate pamphlet, as session laws are now printed, and he shall, as soon as said pamplet is printed, distribute the same as the session laws are now required to be distributed, by law, and the remaining copies shall be retained in the office of the secretary of state, to be sold at cost to any person desiring to purchase the same, (not more than five copies to one person), and it shall not be necessary to print the [this] act in the session laws.

SEC. 368. The governor shall appoint some competent Governor to person, whose duty it shall be to superintend the printing appoint person to superintend of said pamphlet, and revise and correct the proof sheets, printing, &c. and divide the same into proper titles and chapters and sections, with a suitable index, and such person shall be entitled to five dollars per day for his services, and his account, when sworn to by him, shall be audited and paid by the state treasurer out of any money not otherwise appropriated.

Approved October 9th, 1856.

CHAPTER 121.

Published November 12.

An Act concerning Railroads.

The people of the State of Wisconsin, represented in Senate and Assembly, do enact as follows:

SECTION 1. Any railroad company may borrow such sum Railroad comor sums of money, at such rates of interest and upon such panies may